Current through Register Vol. 63, No. 9, September 1, 2024
Each municipality providing industrial and commercial
structural, mechanical and plumbing specialty code inspections can request
delegation provided it:
(1) Files a
timely notice under ORS
455.148 or
455.150 covering the basic
programs and serves the required parties, the state in case of a county, and
county and state in case of a city;
(2) Files separate requests for delegation of
optional special master permit and minor label inspection programs for
commercial and industrial structural, mechanical or plumbing installations with
the division at the same time and with the same parties in subsection (a) of
this section and includes as relevant:
(a) A
proposed time line and method by which the municipality shall adopt random
inspections or master permit inspections or both within its jurisdiction and
notify persons within its inspection boundaries;
(b) A description of the inspection area to
be covered and specific identification of covered facilities which cross
jurisdictional lines that are included or excluded in the requested delegation:
(A) If a covered facility crosses
jurisdictional lines, delegation shall only be allowed if the facility is to be
served by one inspecting jurisdiction for all of its inspection needs covering
the program for which master permit application is sought and there is consent
by the adjacent jurisdictions. The only exceptions are where a logical division
of the covered facility can be made and there is no additional expense or loss
of convenience to the facility or where a facility crossing jurisdictional
lines is constructed after delegation of the program;
(B) The request for delegation shall explain
how facilities that cross jurisdictional boundaries will be inspected, and how
the relevant code shall be enforced, if the facility elects to be inspected
under the master permit program. Copies of agreements with surrounding
jurisdictions, dispute resolution agreements or a statement there is no related
facility that crosses jurisdictional lines are acceptable;
(C) An explanation shall be provided
regarding how fees shall be established with the facility. Copies of prototype
agreements with facilities or agreements with adjacent jurisdictions are
acceptable;
(D) An agreement that
if a disagreement arises between applicant and any adjacent jurisdiction over
who should provide complete services to a facility that crosses a
jurisdictional line, the division may immediately assign the facility to any
jurisdiction to provide complete inspection services covering the program under
which there is a disagreement. If applicant is not assigned the authority,
applicant shall cooperate in allowing the assigned jurisdiction to operate in
its territory and in bringing any enforcement actions necessary involving that
facility.
(3)
Files a master permit inspection operating plan briefly describing how the
programs will be administered including:
(a)
Local policies and procedures for operating the program;
(b) The certifications of each jurisdiction
plans examiner and inspector assigned to the program including the person
licensed as an engineer when required by Ch. 368, 2003 Oregon Laws;
(c) Accounting procedures.
(4) Renewal of delegation. No
additional procedures are required for renewals. As long as the municipality
continues to provide structural, mechanical and plumbing specialty code
inspections, the renewal is automatic upon notice under ORS
455.148 or
455.150 of continuation or
request.
Stat. Auth.: ORS
455.040, ORS
455.144 & ORS
479.560, Ch. 368, OL 2003
Stats. Implemented: Ch. 368, OL
2003
